McKiver v. Murphy-Brown, LLC
| Docket Number | 19-1019 |
| Decision Date | 19 November 2020 |
Plaintiffs, neighbors of Murphy-Brown's hog production facilities, filed suit against the company, seeking relief under state nuisance law from odors, pests, and noises they attribute to farming practices Murphy-Brown implemented at an industrial-scale hog feeding farm. On appeal, Murphy-Brown challenges a jury verdict against it awarding compensatory and punitive damages to plaintiffs
As a preliminary matter, the Fourth Circuit affirmed the district court's judgment rejecting Murphy-Brown's...
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65 cases
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Garrison v. New Fashion Pork LLP
...and destruction caused by industrial animal feeding operations is well-documented. See, e.g. , McKiver v. Murphy–Brown, LLC , 980 F.3d 937, 980–83 (4th Cir. 2020) (Wilkinson, J., concurring) (discussing the harms caused by industrial hog farming and concluding that "[t]he scale of industria......
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State Jersey v. Olenowski
...in discussing the factors, and have, in some instances, analytically combined multiple factors. See, e.g., McKiver v. Murphy-Brown, LLC, 980 F.3d 937, 959-60 (4th Cir. 2020) (discussing peer reviewed publication (factor #2) and acceptability (factor #4) before mentioning testability (factor......
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State v. Olenowski
...in discussing the factors, and have, in some instances, analytically combined multiple factors. See, e.g., McKiver v. Murphy-Brown, LLC, 980 F.3d 937, 959-60 (4th Cir. 2020) (discussing peer reviewed publication (factor #2) and acceptability (factor #4) before mentioning testability (factor......
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Kadel v. Folwell
...witnesses' proffered evidence. We review the district court's rulings on this matter for abuse of discretion. McKiver v. Murphy-Brown, LLC, 980 F.3d 937, 958 (4th Cir. 2020). Rule 702 sets forth the requirements a witness must satisfy to qualify as an expert. When determining the reliabilit......
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4 books & journal articles
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Preliminary Sections
...consequence to determine if action more probable or less probable than it would be w/o Evd 401, 402, 403 , §423; McKiver v. Murphy-Brown , 980 F.3d 937 (4th 2020); Argush v. LPL Fin ., 759 F. App’x 121 (3d 2018) Journalist Privilege O, 501 Journalist Priv Imp b/c protects freedom of press, ......
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Introduction
...of punitive damages, such evidence is not required to be presented before punitive damages are imposed. McKiver v. Murphy-Brown, LLC , 980 F.3d 937 (4th Cir. 2020). The finances and evidence related to high-dollar finances and executive compensation expenditures for corporate parents of def......
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Frequent Evidentiary Battles
...tortfeasor’s wealth is not a necessary condition precedent for imposition of an award of punitive damages. McKiver v. Murphy-Brown, LLC , 980 F.3d 937 (4th Cir. 2020). The finances and evidence related to high-dollar finances and executive compensation expenditures for corporate parents of ......
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Taking the Whole Hog: How North Carolina's Right-to-Farm Act Strips Access to Nuisance Suits for Vulnerable Communities
...Located in Close Proximity to Hog Concentrated Animal Feeding Operations , 79 N.C. MED. J. 278 (2018). 5. See McKiver v. Murphy-Brown LLC, 980 F.3d 937, 954–58 (4th Cir. 2020). 6. An Act to Make Various Changes to the Agricultural Laws 2018 North Carolina Laws S.L. 2018-113, Section 106-701......